One of the most common occurrences in a Florida Foreclosure Lawsuit is a Plaintiff that doesn't have the proper documents to prove that they are the actual owner of the mortgage and have the right to foreclose on the home. MERS, which we have blogged about before, has been a major contributor to this problem but courts are beginning to gain a greater understanding of these issues and are ruling more consistently in homeowners favor.

In a new 12th DCA opinion the Florida court ruled that Aurora Loan Services, LLC lacked standing to bring the foreclosure complaint, did not possess the original note and provided no proof that the mortgage had been assigned to it. The assignment attached to the foreclosure complaint claimed the MERS assigned the mortgage to Aurora as nominee for the lender. MERS serves in a very limited capacity as nominee for the lender, MERS only records the mortgage and tracks its ownership, it does not have the ability to assign the mortgage to another party. Due to this limited right any mortgage assigned by MERS is not valid and therefore Aurora Loan Services, LLC did not have standing to bring a foreclosure action and dismissal was proper.

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